SZJXQ v Minister for Immigration and Citizenship

[2007] FCA 1688

FEDERAL COURT OF AUSTRALIA

SZJXQ v Minister for Immigration and Citizenship [2007] FCA 1688

SZJXQ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL
NSD 1186 OF 2007

COWDROY J
7 NOVEMBER 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1186 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJXQ
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	COWDROY J
DATE OF ORDER:	7 NOVEMBER 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The Refugee Review Tribunal be joined as the Second Respondent.

2.The appeal be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) for the failure of the Appellant to attend the hearing.

3.The Appellant pay the costs of the First Respondent fixed in the sum of $3000 pursuant to Order 62 Rule 4(2)(c) of the Federal Court Rules 1979 (Cth).

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1186 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJXQ
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	COWDROY J
DATE:	7 NOVEMBER 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The appellant did not appear at the hearing today and at 10.25 am the name of the appellant was called three times outside the Court, but she did not appear.

2. The Minister seeks an order to have the proceedings dismissed.

3. Notification of the hearing was provided on 11 October 2007 by letter sent to the appellant at her nominated address for service in the Notice of Appeal. The appeal book was also sent to the appellant under cover of such letter. Thereafter the Minister again wrote the appellant on 13 October 2007 reminding the appellant of the date, time and place of the hearing and enclosing a copy of the Minister’s submissions.

4. There is no evidence of any communication received in response to either letter and, so far as the Court is aware, there has been no communication to the Court advising that the appellant did not wish to pursue her appeal or would otherwise be unavailable to attend at Court this morning. For these reasons the application of the Minister will be granted.

5. In making such order the Court noted that it has examined the decision appealed from, namely the decision of the Federal Magistrates Court dated 6 June 2007. The Court can discern no error in that decision. The Court has also read the decision of the Refugee Review Tribunal from which the appellant sought review in the Federal Magistrates Court. The Court considers that no error is disclosed in that decision either. Accordingly the Court is satisfied that the summary dismissal of the proceedings will cause no injustice to the appellant.

6. The Court makes that orders as above.

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Cowdroy.

Associate:

Dated:        7 November 2007

Counsel for the Appellant:	The appellant did not appear
Counsel for the Respondent:	M. Izzo
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	7 November 2007
Date of Judgment:	7 November 2007